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RUSSELL · EB-5 FIELD GUIDE

How can an installment invoice distinguish investment capital from project fees?

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THE DIRECT ANSWER

Ask for an itemized statement showing where each amount will go and what contractual obligation it satisfies. A single installment total can combine capital with charges that do not automatically count toward the investment requirement.

Reconcile the invoice with the signed agreement

For example, an invoice might request the next capital payment plus an administrative charge that was separately described in the offering. Locate each amount in the actual agreement and identify the recipient account and payment purpose. Ask the issuer to explain discrepancies before assuming that a transfer credited as a fee also reduces the remaining qualifying-capital obligation. Preserve receipts and the updated account of amounts paid, still committed and contingent. The applicable threshold is currently US$1,050,000, or US$800,000 for qualifying targeted employment area or infrastructure cases, with statutory adjustments beginning January 1, 2027; the advertised installment is not a replacement threshold. Review what qualifies as capital under the actual terms, including lawful source, path and risk. Keep government charges, professional services and family living expenses in the broader budget without relabelling them investment. Paying the invoice proves a payment event, not immigration approval or the adequacy of the project’s job evidence.

Require the issuer to itemize investment capital and other charges, then match each line to its agreement and account. Qualifying capital starts at US$1,050,000; it drops to US$800,000 for infrastructure projects or targeted employment areas that are rural or high unemployment. An invoice total cannot replace that requirement. The money needs a lawful source and path, exposure to risk, and investment or an active investing process; the enterprise must create ten jobs, each full-time and held by a qualifying U.S. worker. Do not quote filing fees; consult the schedule. The usual error is assuming each billed dollar reduces the capital balance.

Hypothetical example: A Russell medical-device entrepreneur receives a factory invoice combining a capital installment, inspection and document charges. Before filing Form I-526, she should locate each obligation in the offering, verify where the money goes, and request correction. Her budget should show noncapital charges without presenting them as investment. Lawful-source evidence must follow the capital, while the business plan substantiates job creation rather than relying on the invoice description.